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CH. XXV.]

STATE OF AFFAIRS AT DATE.

257

CHAPTER XXV.

1862.

CLOSE OF 1862: HABEAS CORPUS: EMANCIPATION: MEETING OF CONGRESS: FOREIGN RELATIONS.

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Position of affairs at this date- Call for additional troops - The draft unpopular - Number of troops in the service Suspension of habeas corpus — Orders in regard to state prisoners-Proclamation of the president - Public complaints - Order from the war department - Indemnity act-Avowed purpose of the war on the part of the government — Slavery question in this connection - Order of the president in July as to rebel property — Mr. Lincoln's policy as to emancipation — Emancipation proclamation - How received — Third session of the Thirty-seventh Congress - President's message · Course of the opposition-Resolution of Mr. Morrill - Action of Congress — Report of secretary of the treasury — Action in regard to the national finances - Condition of our foreign relations-Correspondence - Course pursued by the English govern- Case of the pirate Oreto or Florida — The “290," or Alabama - Efforts to arrest her departure from Liverpool-Her escape, and piratical career - Indignation in the United States - Public opinion in England- Mr. Gladstone's speech · London Times - Sentiments of Mr. Cobden and Mr. Bright - Louis Napoleon's proposition for intervention - Declined by Russia and England — M. Drouyn de l'Huys' despatchReply by the secretary of state-Hopes and expectations at the close of the year.

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HAVING carried forward the narrative | Orleans and Island No. 10, on the of military and naval operations to the close of 1862, we embrace the opportunity of devoting a chapter to several matters of general interest which require notice in connection with our country's history; and also-as was done at the close of 1861-of giving a brief résumé of the state and condition of affairs at the opening of the new

year.

We need not repeat what has been made evident on preceding pages, that, with the exception of the campaigns in Virginia, the national arms had, during 1862, been attended by important and lasting success. Mill Spring, Kentucky, in January; Forts Henry and Donelson, Kentucky, and Nashville, Tennessee, in February; Pea Ridge, Arkansas, and Newbern, North Carolina, in March; Fort Pulaski, Georgia, New

VOL. IV.-33.

Mississippi, in April; Norfolk, Virginia, in May; Memphis, Tennessee, in June;-these, and other noted points in the West and Southwest, evidenced the steady progress of the Union armies towards breaking down the rebel organizations, and narrowing the area of the conflict. Missouri had been relieved from invasion; Arkansas, to a great extent, had been occupied; the rebels had lost all on the Mississippi, except Vicksburg and Port Hudson 1; the coast towns and cities of North Carolina had been taken possession of; and the rebel attempts at invasion of Maryland had been decidedly repulsed. It is true, that the virtual failure of McClellan in the campaign against Richmond, the disasters on the Chickahominy, the bunglings and misfortunes of Pope, and the ill success of Burn

side, had, in great measure, neutralized cising a usurped control. On the 4th the effects of the brilliant victories in of August, another order was issued, the Southwest and elsewhere, and pre-calling for 300,000 men to serve for vented our securing several important nine months, unless sooner discharged; advantages in various quarters. One and it was announced that the draft thing became evident, and the people would be put in force, unless volunteer of the loyal states felt and acknowledging was prompt and speedy. In case ed it, and that was, the necessity of in- any state should not, by the 15th of creasing and rendering more effective August, have furnished its quota of the our armies in the field. There had previous call, the deficiency was also been great loss of life, not only in bat- to be made up by a special draft from tle, but also by wounds, sickness, and the militia. other vicissitudes of war, and the territory in which operations were to be carried on, and points permanently occupied, was so vast in extent, that it was deemed not only prudent but almost imperative to call for volunteers, and add largely to the immense force already under arms.*

1862.

The secretary of war, a few days later, issued orders "to prevent the evasion of military duty and for the suppression of disloyal practices." Under these, persons liable to draft were not allowed to evade it by going out of the country; and persons attempting to discourage volunteer enlistments were ordered to be arrested and imprisoned. Under these orders various arrests were made, which excited not a little complaint, and brought upon the

On the 1st of July, 1862, the president, in concert with the governors of the loyal states, called for 300,000 additional volunteers to serve for the war. The call was, on the whole, re-government charges of oppression and ceived with favor, and strenu- illegal procedure. An attempt was ous efforts were made by popular ap- also made to put in force a passport peals, offers of large bounties, and other system, which was found to be exceed measures, to carry it into immediate ingly annoying and vexatious, with effect. It was strongly urged, that the small prospect of beneficial result. very life of our country was at stake. After a month's trial, the restrictions The rebels, especially the leaders, had on travel were entirely rescinded, and ventured all upon the success of their it was directed that any arrests made wicked designs, and there was no other under the orders just noted were to be way of reducing them to submission made only upon the express warrant and preserving the integrity of the na- of the judge-advocate of the war de tion, but by breaking down and effec- partment, or by the military com tually destroying their military power mander or governor of the particular in the states over which they were exer- state.

For an interesting and valuable sketch of the

The draft was, in fact, in all its as

army of the United States, with important details, pects, thoroughly unpopular, and the

statistics, etc., see Appleton's "American Annual Cyclopædia" for 1862, pp. 16–23.

government naturally hesitated in re

CH. XXV.]

MILITARY ARRESTS, ETC.

269

gard to efforts to enforce it at this belong to the executive in case of mandate. In a few states, as Pennsylvania, ifest necessity; we refer to the suspen Connecticut, Massachusetts, Wisconsin, sion of the writ of habeas corpus. Dur etc., it was practically carried out, during the early period of the great strug ing the autumn of 1862; but, in con- gle for national life and integrity, ar sequence of necessary delays for enrol rests were made by orders issued from ments, etc., the draft was, in most the secretary of state; but in Februcases, postponed, and for the time, at ary, 1862, the control of this whole least, allowed to fall quietly out of matter was transferred to the war desight. The short term of service under partment. We have noted, on a prethe recent militia act, with the liberal vi ous page, Chief-justice Taney's views, bounties offered by states, cities, and in the spring of 1861 (see p. 29). In individuals, favored largely the supply July of the same year, Mr. Bates, the of men; so that, early in December, United States attorney-general, gave 1862, the secretary of war reported, an elaborate opinion on this subject, under the calls of July and August, and asserted the right of the president, 420,000 new troops in the field, of in the great crisis existing, to exercise whom 320,000 were volunteers for this power. The government, thencethree years, or during the war. Ac- forward acted with promptitude and cording to the best estimate which can vigor. A large number of persons, now be made, the number of troops in known or supposed to be in complicity the service of the United States, at the with the rebels, were arrested and close of 1862, was nearly or quite placed in confinement, but, after longer 1,000,000.* or shorter intervals, were released, upon taking the oath of allegiance to the United States.

On the 14th of February, the secretary of war issued a paper containing the "executive orders in relation to state prisoners," in which Mr. Stanton

The active efforts of treasonable and disaffected persons, and the violent and malicious assaults of a portion of the press, in order to thwart the plans of the government and aid and abet the rebellion, led to the continued exercise of that power which was claimed to set forth, clearly and forcibly, the * The numbers of the rebel force cannot be given with any exactness; some writers say there were over 400,000 in the service; but by the rigid enforcement of the conscription act in the seceded states (see p. 117),

compelling all persons between the ages of eighteen and forty-five to do military duty, the rebel leaders managed to get together larger armies, at the end of

1862, than at any previous period, and were consequently prepared to carry on the war in 1863. The process of conscription, however, was exhausting, and

grounds on which the government felt it necessary to pursue the 1862. course it had adopted. "The president felt it his duty to employ with energy the extraordinary powers which the Constitution confides to him in cases of insurrection. He called into the field such military and naval forces,

could ill bear repetition. It became odious to the people of the states in rebellion; it was evaded in every unauthorized by the existing laws, as possible way; and it was denounced as not only a gross seemed necessary. He directed mea

violation of the much-cherished state rights' doctrine,

but also as the most outrageous of military despotism. sures to prevert the use of the post

office for treasonable correspondence."* of habeas corpus was suspended in re In addition, as was stated on a previous gard to all persons who had been, or page, (p. 259), disloyal, or supposed to should be, arrested and confined by be disloyal, persons were arrested and military authority. A provost marshal imprisonments made quite extensively. general was appointed, with subordin On the 27th of July, Gen. Dix, and the ates, to carry out the determination of Hon. E. Pierrepont of New York, were the government in every direction. appointed a commission to make exa- Of course, such action was sharply mination into the cases of state prison- criticised; outeries were made against ers then in custody, and to determine what was denounced as tyranny in its whether it were proper and safe to dis- worst form; and in some, or more charge them, or remit them to the civil cases, individuals were harshly treated, tribunals for trial. These gentlemen and their rights unduly invaded. Poentered upon the duties assigned them; litical leaders in opposition to the gov they visited the Old Capitol prison at ernment made the most of all this; Washington, Fort McHenry at Balti-" peace meetings" were held in various more, Fort Lafayette at New York, and places; the administration was vigorFort Warren at Boston; and large ously assailed; efforts were made to numbers were released from confine- prevent enlistments and hinder the ment on taking the oath of allegiance. putting down the rebellion by force Arrests, however, continued to be of arins; and so powerful an influence made, and though the president assum- was exerted upon the state elections, ed the responsibility, the secretary of near the close of the year, that the gov war determined upon the cases, and sus- ernment was, in several instances, seripended the writ as he deemed best. ously worsted. Nevertheless, the ener This assumption of power was most getic action of the public authorities strenuously objected to, and some of was so far effective and salutary, that the courts took the ground that, al- on the 22d of November, the following though the president might have au- order was issued by the war departthority under the Constitution, in casement:of rebellion or invasion, to suspend the "Ordered, 1. That all persons now writ, he could not legally delegate that in military custody, who have been arauthority to any subordinate. In or rested for discouraging volunteer ender to meet this view, Mr. Lincoln listments, opposing the draft, or for issued a proclamation, September 24th, otherwise giving aid and comfort to declaring that all persons discouraging volunteer enlistments, or engaging in any disloyal practices, were subject to martial law; and further, that the writ

*On the subject of "newspaper exclusion and suppression," with interesting details, see McPherson's

"History of the Rebellion," pp. 188-194.

the enemy, in states where the draft has been made or the quota of volunteers and militia has been furnished, shall be discharged from further mili tary restraint. 2. That persons who, by the authority of the military com mander or governor in rebel states,

Cn. XXV.]

1862.

THE POLICY OF THE GOVERNMENT.

have been arrested and sent from such state, for disloyalty or hostility to the government of the United States, and are now in military custody, may also be discharged, upon giving their parole to do no act of hos tility against the government of the United States, nor render aid to its enemies. 3. This order shall not operate to discharge any person who has been in arms against the government, or by force and arms has resisted, or attempted to resist the draft, nor relieve any person from liability to trial and punishment by civil tribunals, or by court martial or military commission, who may be amenable to such

tribunals for offences committed."

When Congress met, in December, 1862, this subject occupied a large share of their attention; it was warmly and fully discussed, and the result was, that an act of indemnity was passed in behalf of the president, and those under his orders, for whatever had been done, and power was conferred giving him full authority to suspend the writ of habeas corpus whenever, in his judg. ment, the public safety required it.*

It will have been noted by the reader that the government had, at various times, announced that its object, in its military and other opera

* An indemnity bill was passed in the House, December 8th, by a vote of 90 to 45; two weeks afterwards, thirty-six members of the House moved to enter on the journal an elaborate protest against the bill, as

a deliberate, palpable, and dangerous violation of the Constitution. The list was headed by Geo. H. Pendle ton, W. A. Richardson, C. L. Vallandingham, S. S. Cox, tc. On motion of Mr. Stevens, the protest was tabled

by a vote of 75 to 41. The bill respecting habeas corpus, etc., as finally agreed upon by the two houses,

was passed and approved, March 3d, 1863.-See McPherson's History of the Rebellion," pp. 183-187.

261

tions against the rebels, was to put down lawless insurrection, and restore the authority of the Constitution. The southern leaders and traitors to the Union endeavored to excite terrible apprehensions and arouse bitter hos tility, on the ground that the loyal states had in view the entire subjugation and conquest of the people, the stirring up a slave rebellion, the destruction of all property, and everything else that was foul and horrible. The government made earnest efforts to allay apprehensions and remove all cause for hostility. Every imputation that the intention of our armies was to destroy property and liberate the slaves, was repelled as false and slanderous. "In no way or manner," it was announced, "did the government desire to interfere with the laws con stitutionally established in the south ern states, or with their institutions of any kind whatever, their property of any sort, or their usages in any respect."

This was the avowed policy of the administration, so far as there was any policy, at the outbreak of the rebellion, and mainly during the years 1861 and 1862. Gen. Fremont's and Gen. Hunter's movements, in regard to the position of the slaves, and what to do with them, were refused sanction by the government; and the more zealous and radical of the supporters of Mr. Lincoln made many serious complaints and charges of backwardness and lukewarmness on the part of the president. It was evident that they regarded slavery as the greatest of all evils, and that they would not rest content with any

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